Terms and conditions
Article 1. Applicability
1.1 All offers, orders and agreements of Capture Amsterdam are included in these T&C. These conditions have been filed at the Chamber of Commerce in Amsterdam and will be sent on request free of charge.
1.2 By placing an order with Capture Amsterdam, you agree to these Terms.
1.3 All rights and claims are stipulated in these conditions and any further agreements for Capture Amsterdam also apply to possible Capture Amsterdam intermediaries and other third parties.
Article 2. Prices and payments
2.1 The prices for the offered products and services are in euros, including VAT and shipping, taxes or other charges unless otherwise stated or agreed in writing.
2.2 You can pay by using one of the payment methods offered during the ordering process. Further (payment / order) conditions to your order.
2.3 You can pay via iDEAL, Paypal and creditcard. These payment methods allows you to directly handle the payment during the ordering process with your bank. You pay in your trusted Internet payment, based on specific security measures of your own bank.
2.4 If you do not pay on time, in full, Capture Amsterdam is entitled to cancel the agreement.
2.5 If the prices of the offered products and services increase in the period between the time you order and the execution of the order by Capture Amsterdam, you have the right to cancel the order or dissolve the agreement within ten (10) days after notice of the increase by Capture Amsterdam.
Article 3. Delivery
3.1 The delivery times are indicative listed on the website. You receive your order in 7 to 10 work days and within a maximum of 30 days, unless otherwise specified by Capture Amsterdam. In the latter case you will be notified in time. Until the time of delivery you have the right to terminate the contract without charge. Exceeding of the delivery time does not entitle you to compensation.
3.2 Delivery takes place at the time the items are offered at the delivery address.
Article 4. Retention
4.1 The ownership of the product is confirmed, the moment you have paid for the product. The risk of the status of the products is yours at time of delivery.
Article 5. Intellectual and industrial property
5.1 All intellectual and industrial property rights of the Capture Amsterdam products delivered must be fully and unconditionally respected.
5.2 Reproduction of all photos of Capture Amsterdam is strictly forbidden. That includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
5.3 The photographers are the author of the photographs. The entire copyright in the pictures is retained by the photographers.
Article 6. Complaints and liability
6.1 Check the delivered items immediately after reception. Any defects must be reported within two months after discovery in writing to Capture Amsterdam.
6.2 If it is demonstrated that a product does not comply with the agreement, Capture Amsterdam has the choice to replace the item returned and deliver a new product or refund the invoice price plus delivery costs.
6.3 When you have ordered and paid through online banking, we will immediately start the production. Because of the personal nature the right to change, return and cancel your order will invalidate.
6.4 Our monitors are calibrated and printer profiles are adjusted accordingly. Please note that colors and sizes may differ from the screen display of your computer system.
Article 7. Orders / communication
7.1 Capture Amsterdam is not liable for misunderstandings, damages, delays or transmission of orders and messages as a result from use of the Internet or other communication between you and Capture Amsterdam or between Capture Amsterdam and third parties, unless there is intent or gross negligence by Capture Amsterdam.
Article 8. Miscellaneous
8.1 You may not derive any rights from the fact that Capture Amsterdam could execute these conditions smoothly.
8.2 If one or more provisions of these Terms or any other agreement with Capture Amsterdam is in conflict with any applicable law, Capture Amsterdam will establish new, similar provisions.
8.3 Capture Amsterdam may use third parties in the execution of your order (s) .
8.4 Capture Amsterdam has in cases of force majeure the right to suspend the execution of your order or to dissolve the agreement without judicial intervention by writing to inform you.
Article 9. Governing Law and Jurisdiction
9.1 To these Terms and Conditions applies only Dutch law.
9.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
Article 10. Damage liability and warranty
10.1 Capture Amsterdam is attributable shortcomings in the fulfilment of agreements under the General Conditions shall only be liable for compensatory damages by either re-supply of good products or monetary compensation which does not exceed the invoice value. Any liability for any other form of damage, such as additional damages, consequential damages or damages for lost profits, is excluded.
10.2 To the extent imposed by the previous paragraph to our obligations we have to fulfil it until the other party to which he owed to us, including amounts due to us from other agreements have been fulfilled.
10.3 Delivered by us, but not manufactured goods, is given only guarantee, as granted by a supplier to us and fulfilled. Any refund is granted if the warranty is accepted by the supplier and does not exceed the amount by which it is reimbursed Capture Amsterdam.
10.4 If by Capture Amsterdam surviving texts and images are used by clients for reproductive purposes, we are only liable for any mistakes we made in the original design and never produced. Customer is solely responsible for checking the goods delivered before moving on to reproduce and to report any errors to Capture Amsterdam by return so that it can be repaired by us. Capture Amsterdam is not liable for any assembly, installation costs or repair damage if any errors or defects are found after processing of supplied materials.
10.5 For direct or indirect damage to third parties caused we are not responsible or in connection with goods supplied by Capture Amsterdam.
10.6 When Capture Amsterdam accepts an assignment, it does not accept liability for infringement of any subsequent resting intellectual property of third parties. Where Capture Amsterdam is sued by a third party for infringement of any intellectual property right, the customer will indemnify Capture Amsterdam for all damages Capture Amsterdam suffers as a result, including that to which Capture Amsterdam is approached by third parties, including at Capture Amsterdam costs caused .
Amsterdam, July 2016